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Virginia Spousal Support Calculator

Calculate Maintenance Under Virginia Code § 20-107.1 — Updated 2026

Use this free Virginia spousal support calculator to estimate how much maintenance you may pay or receive under Virginia Code § 20-107.1. Whether your divorce is filed in Northern Virginia (Fairfax County, Arlington County, Loudoun County), Richmond, Hampton Roads (Virginia Beach, Norfolk), Charlottesville, Roanoke, or anywhere else in Virginia, this tool applies the pendente lite formulas and all statutory factors — updated for SB 519 (effective July 1, 2025) eliminating the separation waiting period and § 20-109 retirement rules. Virginia recognizes three main support types: Pendente Lite, Rehabilitative, and Permanent. Enter your details below for a step-by-step estimate. Always consult a licensed Virginia family law attorney or Virginia divorce lawyer for advice tailored to your case.

Income Information

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Marriage Details

Enter 0–100 years
Enter a past date
Marriage less than 5 years? ℹ️Short marriages typically result in 1–3 years of support. Courts must specifically justify duration per Cleary v. Cleary (2022).
Marriage 20+ years? ℹ️Marriages of 20+ years may qualify for permanent maintenance under Virginia Code § 20-107.1.
Is recipient custodial parent? ℹ️Triggers the minor-children pendente lite formula: 26% of payor gross minus 58% of recipient gross.

Virginia-Specific Factors

Fault grounds for divorce? ℹ️Adultery by the recipient may bar maintenance entirely under § 20-107.1(B). Other fault grounds (cruelty, desertion) are weighed under § 20-107.1(E).

Virginia Fault Grounds Impact (§ 20-107.1):

  • Adultery, cruelty, desertion, or felony conviction may affect awards
  • Adultery by recipient may bar maintenance entirely unless denial causes “manifest injustice”
  • +15% adjustment applied to reflect fault impact on award
Separate maintenance agreement exists? ℹ️Existing agreements may be incorporated into the divorce decree. Courts can modify if circumstances change substantially.

Virginia Separate Maintenance Rules:

  • Agreements may be incorporated into the divorce decree
  • Court can modify if circumstances change substantially
  • −10% adjustment applied reflecting existing agreement

Needs & Resources

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Enter age 18–100

Earning Capacity

Enter 0–50 years
Recipient sacrificed career for marriage?
Recipient has a disability?

Duration Factors

Maintain marital standard of living?
Significant separate property (recipient)?
Enter 0–50 years
Enter age 18–100
Important Legal Note: This calculator provides estimates based on Virginia Code § 20-107.1 and case law patterns. The pendente lite formula applies to combined monthly incomes up to $10,000; courts may deviate above this threshold. Actual court-ordered maintenance may differ significantly. Consult a licensed Virginia family law attorney.
Disclaimer: Estimates only. Not legal advice. Virginia Code § 20-107.1 governs maintenance. The 2025 child support guidelines apply to combined monthly incomes up to $42,500. Effective July 1, 2025 (SB 519), the one-year no-fault separation waiting period has been eliminated. Consult an attorney.

Virginia Maintenance Case Law

Duration Must Be Justified by Statutory Factors
Cleary v. Cleary, Va. Ct. App. No. 0494-21-4 (2022)

Courts must specifically justify both amount and duration using the statutory factors from § 20-107.1. Overturned a five-year award because the trial court failed to connect the duration to evidence in the record.

Retirement as Material Change in Circumstances
Brandau v. Brandau, Va. Ct. App. No. 2387-06-4 (2008)

Retirement constitutes a material change in circumstances justifying modification under § 20-109(E), but the court must consider the payor’s ability to continue payments from retirement income and whether retirement was voluntary or mandatory.

Cohabitation Requires Changed Financial Needs
Congdon v. Congdon, Va. Sup. Ct. No. 111633 (2012)

Cohabitation alone is insufficient to terminate support under § 20-109(D); the court must find that cohabitation resulted in a change in the recipient’s financial needs before reducing or terminating the award.

Voluntary Underemployment by Payor
Stromberg v. Stromberg, Va. Ct. App. No. 1239-16-4 (2017)

Voluntary underemployment by the payor does not necessarily reduce support if the payor has the capacity to earn more. Courts may impute income based on earning capacity rather than actual income.

Modifying Spousal Support in Virginia

Virginia Code § 20-109 governs modification and termination of spousal support. A material change in circumstances must be shown.

1. Legal Standards for Modification
General Standard: A “material change in circumstances” since the last order is required. This is a fact-specific inquiry; the change must be significant and not merely temporary.
Retirement (§ 20-109(E)): Reaching Social Security Full Retirement Age (FRA) qualifies as a material change. Courts also weigh whether retirement was voluntary or mandatory under § 20-109(F).
Automatic Termination (§ 20-109(D)): Support terminates upon the recipient’s remarriage or death of either party. Cohabitation for one year or more may also terminate support if it changes recipient’s financial needs (Congdon v. Congdon).
2. Common Grounds for Modification
Job Loss or Income Reduction: Significant involuntary reduction in payor’s income, or unexpected increase in recipient’s income.
Remarriage of Recipient: Support terminates automatically by operation of law.
Payor’s Retirement: Reaching FRA is a statutory material change under § 20-109(E). IRA/401k income may still be counted.
Disability: New or worsening medical condition affecting earning capacity of either party.
Cohabitation: One or more years of cohabitation with changed financial needs may terminate or reduce support under § 20-109(D).
Voluntary Underemployment: Per Stromberg v. Stromberg, if the payor voluntarily reduces income, courts may impute higher earnings and maintain the award.
3. Step-by-Step Modification Process
Step 1 – Document the Change: Gather evidence: pay stubs, tax returns, medical records, termination letters, Social Security FRA documentation.
Step 2 – File a Motion to Modify: Submit to the circuit court that issued the original order, with a supporting affidavit detailing the material change.
Step 3 – Serve the Other Party: Legally serve the motion using certified mail or a process server.
Step 4 – Provide Financial Documentation: Exchange financial disclosures and supporting records with the other party.
Step 5 – Court Hearing: Present evidence to the judge. Burden of proof is on the party seeking modification.
Step 6 – Order on Modification: Effective from the filing date; modifications are not retroactive.
4. Critical Practical Considerations
Never stop paying without a court order: Stopping payments can result in contempt, arrearages, and legal penalties.
No retroactive modification: Act promptly when circumstances change.
Duration must be justified: Per Cleary v. Cleary (2022), any modification of duration must be tied to specific statutory findings.
Timeline: Uncontested modifications: 2–4 months; contested: 6–12 months depending on court docket.

Virginia Code § 20-109 | Brandau v. Brandau (2008) | Congdon v. Congdon (2012) | Cleary v. Cleary (2022)

Virginia Spousal Support FAQs (Updated 2026)

Courts consider all factors under § 20-107.1. For pendente lite support with combined monthly income ≤ $10,000:

  • With minor children: 26% of payor’s gross income − 58% of recipient’s gross income
  • Without minor children: 27% of payor’s gross income − 50% of recipient’s gross income

For long-term support, courts weigh all statutory factors without a fixed formula. Per Cleary v. Cleary (2022), both amount and duration must be tied to specific statutory findings.

Virginia Code § 20-107.1

Effective July 1, 2025 (SB 519), the one-year waiting period for no-fault divorce based on separation has been eliminated. Couples with a signed separation agreement may divorce immediately; without an agreement, the waiting period is six months.

Under § 20-109(E), reaching Social Security Full Retirement Age (FRA) qualifies as a material change in circumstances to modify support. Courts evaluate whether retirement was voluntary or mandatory under § 20-109(F). IRA/401k withdrawals may be counted as income. Early retirement may not qualify unless financial circumstances have significantly changed. See Brandau v. Brandau (2008).

Virginia Code § 20-109(E) & (F); Brandau v. Brandau (2008)

Yes. Adultery by the recipient may bar maintenance entirely under § 20-107.1(B), unless denial would cause “manifest injustice.” Other fault grounds — cruelty, desertion, and felony conviction — are weighed as statutory factors under § 20-107.1(E) and typically result in higher awards for the non-faulting spouse.

Virginia Code § 20-107.1(B) & (E)

Under Cleary v. Cleary (2022), courts must justify duration based on statutory factors:

  • Short marriages (<5 years): Typically 1–3 years
  • Mid-length marriages (5–20 years): Typically 3–10 years
  • Long marriages (20+ years): 10+ years or permanent possible

Support terminates upon remarriage, death of either party, or cohabitation for one year or more per § 20-109(D).

Virginia Code § 20-109(D); Cleary v. Cleary (2022)

For divorce agreements after December 31, 2018 (post-TCJA): Maintenance is NOT deductible for the payor and NOT taxable income for the recipient under federal law. Virginia state tax follows federal treatment for post-2018 agreements.

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